Proposed H-1B Changes Simplifying the Application Process

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For aliens wishing to work in the United States the H-1B visa has been extremely popular. The H-1B grants the beneficiary 3 years to work within the United States and can be extended for an additional 3 years. However, the real draw to the H-1B visa is how it easily allows visa holders to adjust status and become green card holders.

Currently the H-1B lottery is comprised of 2 pools. The first pool is for 65,000 people and is open to anyone holding a bachelor’s degree and above. The second pool is for 20,000 people and is restricted to those who hold a master’s degree or higher-level degree.

Proposed changes would prioritize applicants with a master’s degree or higher-level degree. Advanced degree holders would be included in the initial 65,000 lottery pool, discarding all applicants who do not have an advanced degree. Applicants without an advanced degree would be chosen for the last 20,000 visas. This is projected to increase the number of advanced degree H-1B holders by 16%.

Additionally, the current H-1B process requires each applicant submit a full application to USCIS. From the fully completed applications the candidates for an H-1B are then selected. In an attempt to save both applicant and government money changes have been proposed to modify how people apply for H-1B.

The proposal includes plans to make the system more accessible by moving its registration process online. Under this new system, applicants would create and online account and then, once selected, they would complete their applications. This would save a great deal of time and money for potential H-1B applicants and the USCIS as only those selected for an H-1B would have to file a complete application. The H-1B lottery has always been a popular visa due to it’s potential to lead into a green card. The proposed changes are meant to prioritize those with higher levels of education, and reduce the costs incurred by applicants and USCIS alike. Contact the team at SAPG Legal to help you navigate your way through the visa application process and into the United States.


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